Paras vs State Of Rajasthan
2022 Latest Caselaw 11291 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 759/2022

Paras S/o Shri Babu Lal, Aged About 34 Years, R/o Dhakadi Ps Shivpura Dist. Pali (At Present Confined In Central Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Tarun Dhaka For Respondent(s) : Mr. B.R. Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Judgment

09/09/2022

Heard learned counsel for the parties on the application for

Suspension of Sentence (Appeal) No. 759/2022.

There is no requirement of filing reply to the application for

suspension of sentence preferred on behalf of present appellant-

applicant.

Learned counsel for the appellant-applicant has submitted

that the sentence of similarly situated co-accused Babu Lal has

already been suspended by this Court. It is further submitted that

there is no preparation on the part of the appellant-applicant and

the case does not travel beyond Section 304 IPC as the incident

took place on a trivial issue. It is also submitted that case of the

appellant-applicant is not distinguishable from that of co-accused

Babu Lal, whose sentence has already been suspended by this

Court.

(2 of 3) [SOSA-759/2022]

Learned Public Prosecutor has opposed the application for

suspension of sentence, however, he is not in a position to deny

the fact that case of the present appellant-applicant is on similar

footing to that of co-accused Babu Lal.

Having considered the overall facts and circumstances of the

case, without commenting on the merits of the case, we consider

it just and proper to suspend the substantive sentence awarded to

the appellant-applicant.

Accordingly, the application for Suspension of Sentence

(Appeal) No. 759/2022 is allowed and it is ordered that the

substantive sentence passed by the Addl. Sessions Judge, Sojat,

Distt. Pali vide judgment dated 15.12.2015 in Sessions Case

No.07/2015 against appellant - Paras S/o Shri Babu Lal shall

remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 19.10.2022

and whenever ordered to do so, till the disposal of the appeal on

the conditions indicated below:-

1. That he will appear before the trial Court in the

month of January of every year till the appeal is

decided.

2. That if the appellant changes the place of

residence, he will give in writing his changed

address to the trial Court as well as to the counsel

in the High Court.

(3 of 3) [SOSA-759/2022]

3. Similarly, if the sureties change their address,

they will give in writing their changed address to

the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case the said

accused-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

                                   (FARJAND ALI),J                                              (VIJAY BISHNOI),J
                                    25-Samvedana/-









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